Special Procedures

The issue of caste discrimination is increasingly addressed by the UN Special Procedures, which is a human rights monitoring mechanism under the Human Rights Council that examines the human rights situation of particular issues and country situations.

The following compilation, which is regularly updated by IDSN, provides an overview of how caste-based discrimination has been addressed in annual reports, mission reports and communications prepared by relevant UN Special Rapporteurs:

Historic report by the UN Special Rapporteur on minority issues

The report on caste discrimination by the UN Special Rapporteur on minority issues is considered a milestone. Photo: UN Photo

In March 2016, the Special Rapporteur on minority issues Ms. Rita Izsák-Ndiaye presented her report on caste-based discrimination to the Human Rights Council. The report is the first comprehensive report examining caste-based discrimination as a global phenomenon. In her report, the Rapporteur covers specific areas of impact of discrimination in caste-based and analogous systems in relation to core human rights along with initiatives and good practices to address caste-based discrimination.

During the Interactive Dialogue with the Special Rapporteur on minority issues, held on 15 March, a majority of states voiced their support for the report and its focus on caste. It is further noted that a number of states stressed the importance of considering and integrating measures against caste discrimination into the SDG 2030 framework for implementation echoing the promise to “leave no-one behind”.

On 16 March, the Office of the UN High Commissioner for Human Rights hosted a side event on minorities and caste-based discrimination, featuring the Special Rapporteur as well as a number of experts from different countries and regions, including Asia, Africa and the Middle East.

IDSN report on the HRC31 side-event on “minorities and caste-based discrimination”

Statement By UN Special Procedures mandate holders (2013)

In May 2013, seven Special Procedures mandate holders issued a significant media statement on caste discrimination and ‘untouchability’. They noted that “caste-based discrimination remains widespread and deeply rooted, its victims face structural discrimination, marginalization and systematic exclusion, and the level of impunity is very high.”

The experts urged world governments to strengthen protection of the hundreds of millions of people who suffer from this type of discrimination, and to endorse the draft UN Principles and Guidelines for the effective elimination of discrimination based on work and descent.

IDSN appeal to UN Special Procedures

In 2014, IDSN issued an appeal to UN Special Procedures Mandate-Holders to take action to eliminate caste-based discrimination. In the appeal, the Special Procedures are specifically urged to;

Urge states to endorse the draft UN Principles and Guidelines for the Effective Elimination of Discrimination based on Work and Descent;

Issue a joint statement on the topic identifying caste-based discrimination as a cross-cutting issue of concern and outlining areas of joint intervention;

Visit caste-affected countries and include the issue of caste-based discrimination in monitoring and investigations;

Refer to the draft UN Principles and Guidelines and to situations of caste-based discrimination whenever relevant, and urge state as well as non-state actors to address this issue;

Ensure that caste-based discrimination and affected communities are specifically mentioned, along with other forms of discrimination and discriminated groups, when gathering information, e.g. in the context of questionnaires to governments and civil society actors;

Consider under relevant agenda item of mandate holders’ annual meeting in 2015 to have a discussion on the topic and a joint session with treaty bodies on follow up on observations, concluding observations and recommendations related to caste-based discrimination in the work of special procedures, treaty bodies and the UPR process, and include suggestions on:

creating a regular joint review process on status and follow such observations, conclusions and recommendations on caste discrimination and

developing a road map for action to improve implementation of such recommendations;

Please find an IDSN news piece on the SP Annual Meeting Exchange of Views with Civil Society, where the appeal was formally presented to Special Procedures Mandate-Holders

In 2012, IDSN issued an appeal to UN Member States, Special Procedures, and UN Agencies to take action to eliminate caste discrimination. In the appeal, the Special Procedures are specifically urged to:

Submitting a complaint to the UN Special Procedures

If a human rights violation has occurred, is ongoing, or has a high risk of occurring, a complaint can be submitted to most Special Procedures about the alleged violation. With this information the mandate holders are able to intervene directly with Governments on specific allegations of violations of human rights that come within their mandates in the form of letters of allegation or urgent appeals. The submission of cases to UN Special Procedures may also lead to a thematic study on a particular subject, such as caste discrimination, Dalit women, torture, manual scavenging, etc.

Country visits

The UN Special Procedures can make requests for country visits to countries of particular concern. Mandate holders carry out country visits to investigate the situation of human rights at the national level. After their visits, special procedures’ mandate-holders issue a mission report containing their findings and recommendations. Unfortunately some countries choose not to acknowledge the requests. Countries may also extend invitations voluntarily.

In an Interim Report (A/64/271) to the UN General Assembly in 2009, the Special Rapporteur made the following references to descent-based discrimination as a thematic issue addressed through his participation at a Durban Review Conference side event on “Communities Empowered to Resist Discrimination and Exclusion” organised by IMADR and LWF in Geneva on 21 April 2009. At this event, Mr. Muigai made an address on descent-based discrimination in the context of the Durban Review Conference.